Section 309.7 - Exemptions from licensure -- Opioid treatment program.

UT Code § 58-17b-309.7 (2019) (N/A)
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(1) As used in this section: (a) "Dispense" means to prepare, package, or label for subsequent use. (b) "Nurse practitioner" means an individual who is licensed to practice as an advanced practice registered nurse under Chapter 31b, Nurse Practice Act. (c) "Opioid treatment program" means a program or practitioner that is: (i) engaged in opioid treatment of an individual using an opiate agonist medication; (ii) registered under 21 U.S.C. Sec. 823(g)(1); (iii) licensed by the Office of Licensing, within the Department of Human Services, created in Section 62A-2-103; and (iv) certified by the Substance Abuse and Mental Health Services Administration in accordance with 42 C.F.R. 8.11. (d) "Physician" means an individual licensed to practice as a physician or osteopath in this state under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act. (e) "Physician assistant" means an individual who is licensed to practice as a physician assistant under Chapter 70a, Utah Physician Assistant Act. (f) "Practitioner" means a nurse practitioner, physician's assistant, or a registered nurse. (g) "Registered nurse" means the same as that term is defined in Section 78B-3-403.

(a) "Dispense" means to prepare, package, or label for subsequent use.

(b) "Nurse practitioner" means an individual who is licensed to practice as an advanced practice registered nurse under Chapter 31b, Nurse Practice Act.

(c) "Opioid treatment program" means a program or practitioner that is: (i) engaged in opioid treatment of an individual using an opiate agonist medication; (ii) registered under 21 U.S.C. Sec. 823(g)(1); (iii) licensed by the Office of Licensing, within the Department of Human Services, created in Section 62A-2-103; and (iv) certified by the Substance Abuse and Mental Health Services Administration in accordance with 42 C.F.R. 8.11.

(i) engaged in opioid treatment of an individual using an opiate agonist medication;

(ii) registered under 21 U.S.C. Sec. 823(g)(1);

(iii) licensed by the Office of Licensing, within the Department of Human Services, created in Section 62A-2-103; and

(iv) certified by the Substance Abuse and Mental Health Services Administration in accordance with 42 C.F.R. 8.11.

(d) "Physician" means an individual licensed to practice as a physician or osteopath in this state under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act.

(e) "Physician assistant" means an individual who is licensed to practice as a physician assistant under Chapter 70a, Utah Physician Assistant Act.

(f) "Practitioner" means a nurse practitioner, physician's assistant, or a registered nurse.

(g) "Registered nurse" means the same as that term is defined in Section 78B-3-403.

(2) A practitioner may dispense methadone at an opioid treatment program regardless of whether the practitioner is licensed to dispense methadone under this chapter if the practitioner: (a) is operating under the direction of a pharmacist; (b) dispenses the methadone under the direction of a pharmacist; and (c) acts in accordance with division rule.

(a) is operating under the direction of a pharmacist;

(b) dispenses the methadone under the direction of a pharmacist; and

(c) acts in accordance with division rule.

(3) The division shall, in consultation with pharmacies, physicians, and practitioners who work in an opioid treatment program, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines under which a practitioner may dispense methadone to a patient in an opioid treatment program under this section.